South Dakota Statutes
§ 23A-42-5 — Tolling of limitation period while defendant out of state.
South Dakota § 23A-42-5
This text of South Dakota § 23A-42-5 (Tolling of limitation period while defendant out of state.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 23A-42-5 (2026).
Text
If when or after the offense is committed the defendant is out of the state, the indictment, information, or complaint may be filed within the period prescribed by §§ 23A-42-1 to 23A-42-3 , inclusive, after his coming within the state, and no time during which the defendant is not an inhabitant within the state is part of the limitation.
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Legislative History
SDC 1939 & Supp 1960, § 34.0704; SDCL, § 23-8-6; SL 1978, ch 178, § 504.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-42-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-42-5.